Attention Fast Draft users! Any changes made to the contacts in your Address Books on Sunday 11 December will not be saved. The contents of your Address Books will be available as usual when the new Fast Draft is live on Monday 12 December.

Commission Recommendation (EU) 2016/1318 of 29 July 2016 on guidelines for the promotion of nearly zero-energy buildings and best practices to ensure that, by 2020, all new buildings are nearly zero-energy buildings was published in the Official Journal, on 2 August 2016.

The Department of Communities and Local Government (DCLG) is widening access to data from Energy Performance Certificates. Property owners and occupiers will be able to opt-out from the public disclosure.

Review deal activity in your industry sector. What's Market allows you to search for details of recent public company deals or AGMs, compare features and terms, and access public documents. This weekly round-up highlights deal summaries across several sectors including financial services, media and technology.

The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (SI 2015/2045) was made on 16 December 2015 and comes into force on 15 January 2016. The government has also laid modifications to the standard licence conditions before Parliament, and Ofgem published draft guidance on the feed-in tariffs (FITs) pause and deployment caps on 17 December 2015.

The Department of Energy and Climate Change (DECC) published the government response to its July 2015 consultation on changes to Renewables Obligation (RO) support for solar photovoltaic (PV) projects of 5 MW and below, on 17 December 2015. It also published a consultation on banding for solar PV.

On 3 December 2015, 16 leading EU companies committed at the Paris Climate Change meeting (COP 21) to help drive delivery of nearly zero energy buildings (nZEB) standards for new build by 2020, and refurbished buildings by 2030.

On 23 July 2015, the Department of Energy and Climate Change (DECC) announced that it would no longer fund the Green Deal Finance Company (GDFC). This does not affect existing Green Deal Plans but will lead to a significant slowdown in installation of energy efficiency measures.

This update summarises content produced in the past week by our Competition, Environment and EU services that is likely to be relevant for lawyers in the energy sector. Practical Law does not cover all aspects of energy law. Key developments include the CMA's announcement of its provisional findings on its market investigation into the supply and acquisition of energy in Great Britain.

This update summarises content produced in the past week by our Competition, Environment and EU services that is likely to be relevant for lawyers in the energy sector. Practical Law does not cover all aspects of energy law. Key developments include Ofgem's publication of a consultation on its proposed Prosecution Policy Statement.

The Secretary of State for Communities and Local Government, Eric Pickles, delivered a written statement to Parliament, on 25 March 2015, on allowable solutions for zero carbon homes. On 30 March 2014, the government published its response to its November 2014 consultation on zero carbon homes.

A new draft of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 was published on 10 March 2015. This revised draft of the Regulations supersedes the draft Regulations laid before Parliament on 4 February 2015.

The Department for Communities and Local Government (DCLG) has published a technical consultation on the government’s proposal to amend Part 22 of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (GPDO 1995) to allow the drilling of boreholes for groundwater monitoring for petroleum exploration (including shale gas).

The Department of Energy and Climate Change (DECC) published responses to its two consultations, launched on 22 July 2014, on proposed regulations to encourage alterations to private rented sector properties (both commercial and domestic) so that they achieve a minimum energy efficiency standard (MEES), on 5 February 2015. Note added: A revised version of the draft Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 has been issued. See Legal update, Further draft of MEES regulations published.

The Department of Energy and Climate Change (DECC) announced on 27 January 2015 that the government had accepted a number of shale gas fracking provisions in the Infrastructure Bill 2014-15, including banning fracking in National Parks, Sites of Special Scientific Interest (SSSIs) and Areas of Outstanding Natural Beauty (AONBs).

The government added draft provisions to the Infrastructure Bill 2014-15 on 14 October 2014, to introduce a regime for underground access for drilling for gas (including shale gas using fracking), oil or geothermal energy that would otherwise amount to a trespass.

The Consumer Credit (Information Requirements and Duration of Licences and Charges) (Amendment) Regulations 2014 (SI 2014/2369) come into force on 26 September 2014. The government has also published its response to the consultation on the proposal to amend the information to be included in section 77A statements relating to Green Deal consumer credit agreements.

The Department of Energy and Climate Change (DECC) has launched two consultations on proposed regulations for energy efficiency in the private rented sector. One consultation deals with the regulations for domestic (residential) properties and the other deals with non-domestic premises. Responses are due by 2 September 2014.

The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 (SI 2014/1850), together with an explanatory memorandum, have been published on legislation.gov.uk.

This update summarises content produced in the past week by our Competition, Environment and EU services that is likely to be relevant for lawyers in the energy sector. Note that Practical Law does not cover all aspects of energy law. Key developments include publication of the government's National Energy Efficiency Action Plan.

The Department of Energy and Climate Change (DECC) announced, on 1 May 2014, that it would launch the Green Deal Home Improvement Fund in June 2014. NOTE ADDED 29/07/14: The Fund closed on 24 July 2014, earlier than expected due to popular demand.

The Department for Communities and Local Government has issued the long awaited updated guidance on Energy Performance Certificates (EPC) for dwellings and on enforcement of EPC duties. This is accompanied by new guidance on the use of data from the EPC register.

The Department of Energy and Climate Change (DECC) increased and extended its Green Deal Cashback incentive to encourage the takeup of its Green Deal scheme for residential properties, on 18 February 2014.

The Department of Energy and Climate Change published a further response to its consultation on the need to clarify the definition of "debtor" under the Consumer Credit Act 1974, in the context of a regulated Green Deal plan, on 9 January 2014.

We have updated the practice notes, standard documents, flowcharts and the timeline comprising Practical Law's CRC Survival Kit to reflect the changes made to the scheme by the CRC Energy Efficiency Order 2013 (SI 2013/1119).

The Department for Communities and Local Government (DCLG) launched a consultation on proposed revised requirements for planning applications for onshore oil and gas developments (including shale gas) on 2 September 2013.

The Department for Communities and Local Government (DCLG) has launched a consultation on its housing standards review covering, among other things, the Building Regulations and the Code for Sustainable Homes.

The Welsh Government Housing Minister, Carl Sargeant, announced, in July 2013, that the Building Regulations 2010 (SI 2010/2214) would be amended to reduce the carbon dioxide emissions targets for new homes and non-domestic buildings in Wales.

On 6 August 2013, the Department of Energy and Climate Change (DECC) withdrew its guidance (issued in April 2013) for corporate landlords entering into a Green Deal plan during a void period with the intention of subsequently transferring liability for the payments to a consumer tenant.

The Department of Energy and Climate Change (DECC) has published its response to the consultation on the need to clarify the definition of "debtor" under the Consumer Credit Act 1974, in the context of a regulated Green Deal Plan.

An Taisce (the National Trust for Ireland), on 30 April 2013, commenced judicial review proceedings in the UK of the development consent order granted to Hinkley Point C nuclear power station in March 2013. NOTE ADDED ON 28/01/14: Greenpeace were reported in the press to have dropped their challenge to Hinkley Point C nuclear power station, in October 2013.

The Department of Energy and Climate Change (DECC) has published a consultation paper on amendments to the Consumer Credit Act 1974 (CCA 1974) to clarify the identity of a debtor in a regulated Green Deal Plan.

The Department for Communities and Local Government (DCLG) published its response to its consultation on expanding the one-stop shop approach to obtaining non-planning consents for nationally significant infrastructure, on 12 March 2013.

On 4 March 2013, a draft of the CRC Energy Efficiency Scheme Order 2013 was laid before Parliament and the devolved administrations. The Environment Agency has also published revised guidance for participants in Phase 1 of the scheme (2010-11 to 2013-14).

The Environment Agency published the Performance League Table for the year 2011/12 under the CRC Energy Efficiency Scheme, on 26 February 2013. This is intended to be the last CRC Performance League Table.

The European Commission announced on 21 February 2013 that it has decided to go ahead with infringement proceedings against the UK and will refer the UK to the Court of Justice of the European Union (ECJ) over the UK's reduced VAT rate of 5% for energy-saving materials.

The Department for Communities and Local Government (DCLG) has confirmed the approach to enforcement of regulations 10 and 11 of the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118). (Free access.)

17 solar photovoltaic (PV) installation companies have commenced civil proceedings against the Department of Energy and Climate Change (DECC) claiming £140 million of losses allegedly incurred as a result of DECC's unsuccessful attempt to cut the feed-in tariffs (FITs) for smaller-scale solar PV at short notice in late 2011 and early 2012.

The Office of Gas and Electricity Markets (Ofgem) launched a consultation on draft guidance for community energy and school installations (version 1) under the feed-in tariff scheme (FITs), on 13 December 2012.

New regulations on energy performance certificates (EPCs), display energy certificates (DECs) and air conditioning inspections were laid before Parliament by the Department of Communities and Local Government on 19 December 2012. These documents largely consolidate what was already in place, but there are some important changes. The new regulations are intended to come into force on 9 January 2013 and will discharge the UK obligation to implement the EU Recast of the Energy Performance of Buildings Directive 2010 (Directive 2010/31/EU on the energy performance of buildings (recast)) from that date.

The Department for Communities and Local Government (DCLG) has announced that it is dropping its plans for "consequential improvements" in Part L (conservation of fuel and power) of Schedule 1 to the Building Regulations 2010 (SI 2010/2215) (SI (BR 2010).

A cashback scheme to incentivise homeowners and residential landlords and tenants to sign up to energy efficiency improvements under the Green Deal was announced by the Department of Energy and Climate Change (DECC) on 19 October 2012. (Free access.)

HM Revenue & Customs (HMRC) published Revenue & Customs Brief 26/12, seeking views on proposals for withdrawal of the reduced rate of VAT for energy saving materials installed in buildings used for a relevant charitable purpose, in August 2012.

The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (SI 2012/2079) were made on 6 August 2012. In addition, the Department of Energy and Climate Change (DECC) announced, on 8 August 2012, a number of preparatory steps for the launch of the Green Deal including: The opening of the register for Green Deal participants. Launch of a Quality Mark to be displayed by Green Deal participants. Publication of Green Deal provider guidance. A £7 million loan to the Green Deal Finance Company. That the Green Deal would be an early candidate for infrastructure guarantees.

The property implications of the Department of Energy and Climate Change (DECC) London event on 23 May 2012 where the proposals in its consultation on how to simplify the CRC Energy Efficiency Scheme (CRC) were discussed.

The Department of Energy and Climate Change (DECC) published the government response to, and its final decisions on, the consultation on its Phase 2A comprehensive review of the feed-in tariffs (FITs) for solar photovoltaics (PV), on 24 May 2012.

The Department of Energy and Climate Change (DECC) held an event in London on 23 May 2012 to discuss the proposals in the consultation on how to simplify the CRC Energy Efficiency Scheme (CRC) published on 27 March 2012. This update provides a summary of the event.

The Department for Communities and Local Government has published guidance on the recent changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) (EPB Regulations 2007), which come into force on 5 and 6 April 2012.

The Department of Energy and Climate Change (DECC) published a consultation, on 27 March 2012, proposing changes to simplify the CRC Energy Efficiency Scheme (CRC). This update provides a high-level summary of the consultation. PLC Environment had produced a separate update with a more detailed analysis.

The Better Buildings Partnership (BBP) has published case studies. These examine successful measures implemented in existing buildings to improve their environmental performance and may prove useful examples for others to follow. (Free access.)

The Department of Energy and Climate Change (DECC) stated that it had lodged an application with the Supreme Court, on 21 February 2012, seeking the court’s permission to appeal against the Court of Appeal's decision in January 2012 on feed-in tariffs (FITs).

The Department of Energy and Climate Change (DECC) published consultations on Phases 2A and B of its comprehensive review of the feed-in tariffs (FITs), the government's response to the Phase 1 consultation and a written ministerial statement by Ed Davey, Secretary of State for Energy and Climate Change, on 9 February 2012.

The Department of Energy and Climate Change (DECC) announced, on 12 January 2012, that HM Treasury had laid the Draft CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations [2012] before Parliament.

The Department of Energy and Climate Change (DECC) launched a consultation on the implementation of the Green Deal and Energy Company Obligation (ECO) on 23 November 2011. Note: DECC amended and republished the consultation document on 7 December 2011. It also published an addendum setting out the technical amendments to the consultation (see DECC: Green Deal and ECO Consultation Addendum).

The Department for Communities and Local Government (DCLG) has announced that it intends to implement proposed changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) on 6 April 2012.

On 30 June 2011, the Department of Energy and Climate Change (DECC) outlined the changes it is planning to make to the CRC Energy Efficiency Scheme. A formal consultation on draft legislation will follow in February 2012.

The Council of Mortgage Lenders and the Building Societies Association have jointly published guidance on what lenders will require before consenting to a lease of roofspace. This guidance was updated in May 2013. Note added: The Council of Mortgage Lenders and the Building Societies Association updated their guidance again in March 2015, see CML/BSA: Guidance and minimum requirements regarding leases of roofspace for fitting photovoltaic (solar) panels (version 3).

The Department for Communities and Local Government (DCLG) has delayed its plans to implement the changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) from 1 July 2011 to an as yet unspecified date.

The Department for Communities and Local Government (DCLG) announced its policy on key aspects of the definition of zero carbon homes that new homes will have to meet after 2016 in England, on 17 May 2011.

The Better Buildings Partnership (BBP) has published its sixth toolkit, designed for managing agents who wish to manage their buildings in a way that reduces any adverse impact on the environment. (Free access)

The government published a draft Carbon Plan on 8 March 2011. The Carbon Plan sets out actions and deadlines for each government department to take over the next five years, to work towards a low carbon economy for the UK and to combat global climate change.

The Zero Carbon Hub delivered its final report on the carbon compliance element of the proposed definition of zero carbon new homes to the Department for Communities and Local Government on 21 February 2011.

The final version of the CRC Energy Efficiency Scheme (Amendment) Order 2011 was laid before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly on 16 February 2011. In addition, the government published its response to the November 2010 consultation on 15 February 2011.

On 7 February 2011, DECC announced a comprehensive review of feed-in tariffs (FITs), a fast-track consideration of large-scale solar installations, and a study on the uptake of FITs for farm-based anaerobic digestion (AD) plants. (Free access.)

On 15 December 2010, the Global Reporting Initiative (GRI) issued a final public consultation on its sector supplement for sustainability reporting by the construction and real estate sectors. (Free access.)

Zero Carbon Hub delivered an interim report on the carbon compliance element of the proposed definition of zero carbon homes to the Department for Communities and Local Government (DCLG) on 16 December 2010.

This update discusses whether the abolition of the revenue recycling payments will make it easier for landlords to recover their costs under the CRC Energy Efficiency Scheme from tenants. This update was amended to reflect information provided by the Department of Energy and Climate Change (DECC) at a stakeholder event on simplification of CRC Energy Efficiency Scheme on Thursday 3rd March 2011.

The Department for Energy and Climate Change (DECC) and the devolved administrations issued a consultation on amendments to the CRC Energy Efficiency Scheme Order 2010 (SI 2010/768), on 17 November 2010.

The coalition government launched a consultation, on 18 October 2010, on revised draft energy National Policy Statements (NPSs) for energy infrastructure, which supersede those that the Labour government drafted and consulted on earlier in 2010. The consultation was launched alongside a written ministerial statement on energy policy.

The Green Property Alliance published a report on sustainability metrics to help the property industry harmonise the methods used in measuring the sustainability performance of buildings, on 12 October 2010.

The UK government has created 15 marine protected areas (MPAs) and submitted them, in August 2010, to the European Commission for final approval as candidate Special Areas of Conservation (SACs) and Special Protection Areas (SPAs).

An update on an announcement by the Department of Energy and Climate Change (DECC), made on 15 July 2010, that it will consult again on the draft National Policy Statements (NPSs) for energy infrastructure in autumn 2010.

An update on the publication of a summary of the responses received in connection with the property industry consultation on apportionment of costs under the CRC Energy Efficiency Scheme (CRC) between landlords and tenants.

A legal update examining the uptake of green leases in the UK and summarising an article published in the Estates Gazette on 12 June 2010, which examines the issues affecting the uptake of green leases.

A legal update on a new report, Hitting the Green Wall... and Beyond, published by the British Property Federation (BPF), Taylor Wessing and Spada, which considers the UK property development industry's view of sustainability and environmental issues.

An update on the Home Information Pack (Suspension) Order 2010 (SI 2010/1455) and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (SI 2010/1456).

An update on a consultation published by the Welsh Assembly Government on proposals to make it easier for homeowners and businesses to install energy generating equipment by removing the need to obtain planning permission for certain types of works.

An update on the publication, on 24-25 March 2010, of the final version of the CRC Energy Efficiency Scheme Order 2010, revised versions of the Environment Agency guidance notes on qualification and registration and a number of new Environment Agency guidance notes on the CRC.

On 24 March 2010, as part of the 2010 Budget documents, the DECC and HM Treasury published an interim report on the Energy Market Assessment. A report on a strategy for national infrastructure has also been published.

An update explaining that the CRC Energy Efficiency Scheme Order 2010 has been approved by the Privy Council but is not yet available on the Office of Public Sector Information (OPSI) website (where final legislation is published by the Government).

An update on two consultations published by the Department for Communities and Local Government to tackle climate change through planning policy, and a related consultation on a draft of a new government circular on planning and nature conservation.

An update on an Addendum published by the Department of Energy and Climate Change, on 25 January 2010, which sets out the main policy changes that the Government has made to the CRC Energy Efficiency Scheme Order 2010 (which was laid in draft before Parliament on 19 January 2010).

An update on the publication of the revised draft of the CRC Energy Efficiency Scheme Order 2010 on the website of the Office of Public Sector Information (OPSI), on 22 January 2010. This is the version of the draft Order that was laid before Parliament by the Government on 19 January 2010.

An update on an announcement by the Department of Energy and Climate Change that the CRC Energy Efficiency Scheme Order 2010 was laid in draft before Parliament on 19 January 2010. NOTE: The Order, and accompanying explanatory memorandum, are now available. For more information, see Legal update, Revised draft CRC Order published on the OPSI website.

An update on a consultation paper issued by a working party representing the interests of the property industry (the Industry Working Party), on 17 December 2009, seeking the industry's views on how the costs of complying with the forthcoming Carbon Reduction Commitment Energy Efficiency Scheme (CRC) should be apportioned between landlords and tenants.

An update on a consultation launched by Natural England, the Joint Nature Conservation Committee and the Countryside Council for Wales, on 27 November 2009, on the proposed designation of 12 new Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) to protect UK marine habitats and species.

An update on the launch, on 24 November 2009, of a consultation, Zero Carbon for New Non-domestic Buildings: Consultation on Policy Options, in England by the Department for Communities and Local Government.

An update on an agreement between the world's leading green building organisations, including the World Green Building Council (of which the UK Green Building Council (UK-GBC) is part) and the Building Research Establishment (BRE), to use a common carbon metric for measuring the carbon dioxide emissions and energy efficiency of buildings.

An update on the new guidance published by the Town and Country Planning Association (TCPA) in conjunction with the Department for Communities and Local Government (DCLG) on creating low carbon homes in eco-towns.

An update on the publication by the Department of Energy and Climate Change, on 7 October 2009, of the Government's Response and Policy Decisions to its consultation on the draft Carbon Reduction Commitment (CRC) Order.

An update on two briefing notes published by the working group responsible for the Code for Leasing Business Premises in England and Wales 2007: Environmental Good Practice and Environmental Management of Building Agreement.

An update on the Town and Country Planning (General Permitted Development) (Amendment)(Wales) Order 2009, which provides permitted development rights for the installation of microgeneration equipment on residential property in Wales from 1 September 2009.

An update on the second reading of a Private Members' Bill, the Green Energy (Definition and Promotion) Bill in the House of Commons on 8 May 2009, and on the Government's announcement that it will to consult in summer 2009 on prior approval for certain microgeneration development.

An update on guidance published by the Confederation of British Industry and the British Council of Shopping Centres, in January and February 2009, setting out the challenges facing landlords and businesses preparing to comply with the Carbon Reduction Commitment.

An update on the second phase of the Local Government Information Unit's Carbon Trading Councils scheme, commencing in April 2009, to assist local authorities in preparing for the introduction of the Carbon Reduction Commitment in April 2010.

An update on various announcements made by the Government, the Nuclear Decommissioning Authority and the Office of Nuclear Development, in January 2009, relating to the Strategic Siting Assessment and the development of new nuclear reactors.

An update on the Department for Communities and Local Government's consultation, launched on 17 December 2008, on a definition of new zero carbon homes and on its ambition that new non-domestic buildings should be zero carbon by 2019.

An update on the Planning and Energy Act 2008, which received Royal Assent on 13 November 2008, enabling local planning authorities to impose requirements for local renewable and low carbon electricity generation on developers.

The Office of Fair Trading (the OFT) has published Homebuilding in the UK: A market study that concludes:The home building sector is broadly competitive and there is little evidence of home builders "landbanking" to restrict supply and inflate prices.Homebuyers can experience delays and faults and they need more protection when buying a new home.Some organisations involved with the home building sector have agreed to implement a code of conduct and redress scheme to address the problems experienced by homebuyers. The OFT recommends statutory intervention if the industry fails to deliver an effective solution to these problems.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (EPB Amendment (No.2) Regulations) provide that from 1 October 2008:EPCs included in HIPs will be valid if issued no earlier than three years before the first point of marketing of the building. Under the transitional provisions, a non residential property that has come onto the market before the relevant commencement date will (in specified circumstances) not require an EPC until 4 January 2009, or the date it ceases to be marketed (whichever is the earlier).Changes to the rules dealing with disclosure and notification of EPCs and carbon dioxide emission information will apply.The PLC Property Practice note, Energy Performance Certificates will shortly be updated to reflect the changes. NOTE ADDED: The Practice note has now been updated.

The Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 2008 (the 2008 regulations) come into force on 1 October 2008. The 2008 regulations provide that plant and machinery with the capacity to generate electricity and heat below certain thresholds will not have an immediate impact on the rateable value of non-domestic property on or after 1 October 2008.

The Department for Communities and Local Government is consulting on proposals to simplify arrangements for the production of energy performance calculations for new buildings under the Building Regulations 2000.

The UK Green Building Council (UK-GBC) is conducting a consultation on how to reduce carbon dioxide emissions from the existing housing stock (see UK-GBC press release). The first part of the consultation, which started on 18 August, ends on 29 August 2008. The UK-GBC will then hold an industry-wide workshop on 12 September, with the aim of producing a report for Government at the end of September 2008. The purpose of this consultation is to help inform the Government's forthcoming consultation on energy efficiency, which will be followed by a Low Carbon Homes Strategy in spring 2009. The Government has already said it wants all new homes in England to be zero carbon by 2016 and all new non-domestic buildings to be zero carbon by 2019. However, it has not yet set similar targets for existing homes. The housebuilding industry has argued that it is being placed at an unfair disadvantage, as new homes account for less than 1% of the housing stock every year. The Government has countered this by pointing out that it is focusing on new build because up to a third of the housing stock will have been built between 2007 and 2050. For further information on zero carbon homes and non-residential buildings, see Practice note, Zero carbon buildings.

KPMG has warned that complying with the forthcoming Carbon Reduction Commitment (CRC) may prove to be a challenge for many companies and could have a significant impact on cash flow (see KPMG press release).The CRC, which is due to start in 2010, will require companies and other organisations covered by the scheme to start measuring their carbon dioxide emissions in October 2009. However, KPMG are strongly advising clients to begin measurements sooner to enable reliable cash flow forecasting. According to the head of KPMG's Carbon Advisory Group: "For many companies, having to measure their total energy usage across all their operations will put them in very unfamiliar territory and prove to be a real challenge. Companies that operate across multiple sites, or that have franchises, or groups of companies in private equity ownership - for all of these, measurement will not be straightforward or easy."The risks and added costs include:Cost of measuring and reporting on annual emissions.Cost of buying CRC allowances to cover the amount they have emitted, to buy more allowances if they have emitted more than originally forecasted and the cost of the penalties if they do not have enough allowances to cover their emissions.Damage to reputation caused by being named and shamed as the worst CRC performer in the CRC league table.Cash flow problems associated with the timing of when revenue obtained from the auctioning of allowances is recycled back to CRC participants, with

The Department for Communities and Local Government has published guidance on producing display energy certificates (DECs) for buildings on a site or campus: Display Energy Certificates and Advisory Reports: Transitional arrangements for buildings on a site or campus. The guidance sets out transitional arrangements that apply where several buildings in the same vicinity are occupied by the same organisation, such as a school campus or a hospital site, and the buildings share energy meters. In such cases, the transitional arrangements allow for the production of a site-based DEC and a site-based advisory report instead of requiring individual DECs and advisory reports for each building on the site. A site-based DEC will be valid for 12 months. When the site-based DEC is renewed, the guidance states that, where possible, it should be replaced with building-specific DECs. The transitional arrangements will be reviewed in 2009. For more information on DECs, see Practice note, Energy performance certificates. Source: Display Energy Certificates and Advisory Reports: Transitional arrangements for buildings on a site or campus.

The Department for Communities and Local Government has published the following guidance in relation to energy performance certificates (EPCs): Energy performance certificates for dwellings in the social and private rented sectors: A guide to generating Energy Performance Certificates for similar dwellings owned by the same landlord. This guidance covers two ways of producing multiple EPCs for similar residential properties. The first way is the "common values" approach, which involves producing an EPC for one property using data from a similar property that has been amended to account for differences between the properties. The second approach is "sampling and multiple certification", under which EPCs for a group of properties are produced from a survey of a sample. Improving the energy efficiency of our buildings: A guide to energy performance certificates for the construction, sale and let of non-dwellings (2nd edition) This guidance updates the first edition of the same publication, which was published in January 2008. The Practice note, Energy performance certificates has been updated to refer to both new sets of guidance.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 introduced the requirement for 5-yearly air-conditioning inspections. Air-conditioning systems with an output of over 250kW must be inspected by 4 January 2009, and those with an output of 12kW must be inspected by 4 January 2011. Where a system was first brought into service on or after 1 January 2008, the inspection must be carried out within five years of when it was first put into service. Air-conditioning inspections, along with energy performance certificates (EPCs) and display energy certificates (DECs), are intended to promote the improvement of the energy performance of buildings in England and Wales. For more information on EPCs, DECs and air-conditioning inspections, see Practice note, Energy performance certificates. The Department for Communities and Local Government has now published guidance on the duty to have air-conditioning systems inspected: Improving the energy efficiency of our buildings: A guide to air-conditioning inspections for buildings. This guidance is aimed at anyone who manages or controls air-conditioning plant and includes information on: What an air-conditioning inspection covers. Obtaining an air-conditioning inspection. Applying the regulations in practice, including determining the size of an air-conditioning system.

The Energy-Saving Items (Corporation Tax) Regulations 2008, which extend the availability of tax relief for "green" energy-saving measures to residential landlords within the charge to corporation tax, have been published.

The Department for Communities and Local Government is consulting on proposals to merge two notification procedures under the Building Regulations 2000. These notices confirm:Whether the carbon dioxide emission rate of a new building meets the appropriate target.That an energy performance certificate has been issued to the owner of the building by an energy assessor.The proposals are designed to reduce the administrative burdens on developers by allowing anyone who is an accredited energy assessor to issue both types of notice. The consultation closes on 26 August 2008.

On 16 July 2008, the Department for Children, Schools and Families (DCSF) launched its first consultation on how to ensure all new schools in England are zero carbon by 2016 (see DCSF press release). The consultation closes on 6 October 2008. The consultation, referred to as a call for evidence, will be carried out by the newly created Zero Carbon Task Force for schools. For further information on the Task Force, see Legal update, First steps towards zero carbon schools. The consultation focuses on the following four areas: Reducing energy use in schools. Sharing energy supplies. Designing low energy buildings. Exploring potential zero and low carbon technologies. The results of the consultation will be fed into the interim report the Task Force plans to submit to the Government by the end of 2008. In a separate announcement, the Department for Environment, Food and Rural Affairs has said that state-funded schools will be included in the forthcoming Carbon Reduction Commitment (CRC) (see Legal update, Government announces inclusion of schools and other changes to the Carbon Reduction Commitment). The CRC, which is expected to come into force in 2010, will create an obligatory emissions trading scheme for large non-energy intensive organisations, including local authorities. Carbon dioxide emissions from schools would count towards the relevant local authority's total amount of emissions, thus providing them with an incentive to help schools reduce their emissions.

The Department for Communities and Local Government (DCLG) has published a consultation paper proposing several ways to make energy performance certificates (EPCs) more easily accessible. The consultation closes on 1 September 2008. The consultation paper proposes allowing the Energy Saving Trust and the Carbon Trust access to the registers of EPCs to allow them to promote energy efficiency in residential and commercial properties. The proposals also include allowing energy assessors, and potential buyers and tenants, to search the registers of EPCs by address, rather than by reference number. The DCLG has also published guidance on EPCs for residential landlords in the social and private rented sector.

The Welsh Assembly Government has announced proposals to use the Welsh planning system to set a national minimum standard for the sustainability of all new buildings. Incorporated into this new planning strategy will be a standard for renewable and low carbon energy sources. The approach of the Welsh Assembly Government is different to the approach taken in England.

All new homes in England will be required to reach level 3 on the Code for Sustainable Homes by 2010. An article published in Building magazine explores how this can be done and at what stage changes to the fabric of the building need to give way to the use of zero and low carbon energy technologies (see Sustainability housing standards, Building, 27 June 2008). Compliance with the Code can only be secured to a limited extent by alterations to the fabric of the building (for example, through better insulation). Once the optimum level of energy efficiency has been reached in this way, a house builder will have to resort to zero or low carbon energy technologies (such as micro wind turbines, solar panels, ground source heat pumps and district heating). The article explores at what stage it becomes most cost-effective to switch from one to the other. For example, there is a greater opportunity to improve the building fabric of a house than an apartment, meaning developers will need to focus on zero and low carbon technologies to achieve level 3 on the Code for apartments. The article also highlights that sometimes the solution can be relatively simple, such as using high-efficiency boilers, solar water heating and biomass boilers. Hopefully, the newly created Zero Carbon Hub will help house builders find the optimum solution (see Legal update, Launch of Zero Carbon Hub). For further information on the Code for Sustainable Homes and energy efficiency in buildings, see:

The Zero Carbon Hub is a new public and private partnership launched on 26 June 2008 to help deliver the Government's target for all new homes in England to be zero carbon by 2016 (see NHBC press release). The Hub will be led by the National House Building Council's general manager (Neil Jefferson) and chaired by the chief executive of the UK Green Building Council (Paul King). It will bring together the private and public sectors to find ways of implementing the 2016 target. Achieving the 2016 target will require significant changes to how buildings are built and powered. For example, the fabric of buildings will have to be more energy efficient and power will have to come from renewable energy sources (such as wind power and solar panels) or be based on other low carbon technologies (such as district heating). Success will depend on an unprecedented level of co-ordination across the whole supply chain, including house builders, contractors, architects, surveyors, product suppliers, energy service companies, the microgeneration industry and local authorities. For further information on the 2016 target, see Practice note, Zero carbon buildings.

The Department for Communities and Local Government (DCLG) has published a consultation on new editions of the Approved Documents for Part L of Schedule 1 to the Building Regulations 2000 (BR 2000). Part L relates to the conservation of fuel and power in buildings. The DCLG confirms that changes to the Approved Documents for Part L are required because of: Amendments made to the BR 2000 by the Building and Approved Inspectors (Amendment) Regulations 2007. The High Court judgment in Actis SA (R on the application of) v The Secretary of State for Communities and Local Government [2007] EWHC 2417 (Admin), which concerned the guidance in Approved Documents for determining the thermal performance of multi-foil insulation products. Some errors in the Approved Documents. The DCLG's intention to make the Approved Documents easier to understand. The new editions of the Approved Documents are attached to the consultation and will interest developers and those in the construction industry. The consultation closes on 9 September 2008.

On 16 June 2008, the Department for Children, Schools and Family (DCSF) announced that it had taken the first steps towards making all new school buildings in England zero carbon by 2016, by announcing the members and terms of reference of its Zero Carbon Task Force (see DCSF press release). In its Children's Plan, published in December 2007, the DCSF pledged to make all new school buildings in England zero carbon by 2016 and to create a Zero Carbon Task Force to help it achieve the 2016 target. The Task Force will be headed up by Robin Nicholson, who is currently the head of the Commission for Architecture and the Built Environment (CABE). The Task Force has been asked to: Develop a roadmap to ensure all new schools are zero carbon by 2016. Identify where any limits to zero carbon buildings may exist. Identify good examples of zero carbon buildings. Explore the potential to reduce carbon emissions in school refurbishment projects. The DCSF Zero Carbon Task Force should not be confused with the 2016 Taskforce (run by the Department for Communities and Local Government) or the Zero Carbon Task Group (run by the UK Green Building Council), both of which also deal with zero carbon buildings. The Government has already said it wants: All new homes to be zero carbon by 2016. All new public buildings to be zero carbon by 2018. All new non-domestic buildings to be zero carbon by 2019. For further information on zero carbon buildings, see Practice note, Zero carbon buildi

New regulations have been published which extend the availability of tax relief for "green" energy-saving measures to residential landlords within the charge to corporation tax. Tax relief is already available to residential landlords within the charge to income tax (see Practice note, Tax savings for energy-saving measures in homes). The regulations apply to all relevant expenditure incurred on or after 8 July 2008. Source: The Energy-Saving Items (Corporation Tax) Regulations 2008 (SI 2008/1520) and Explanatory Memorandum to The Energy-Saving Items (Corporation Tax) Regulations 2008.

The European Court of Justice's (ECJ's) decision, on 22 May 2008, in citiworks v Flughafen Leipzig/Halle GmbH (Case C-439/06) could have a significant impact on the Government's plans to deliver zero carbon homes by 2016 (see European Court blow to eco-targets, Inside Housing, 30 May 2008). It could also have important implications for the Government's national policies on microgeneration and distributed energy.The ECJ has ruled that a German law, allowing Leipzig/Halle airport to enter into an exclusive contract for the supply of on-site energy, is contrary to EU competition rules. For further information on the ECJ ruling, see PLC Competition, Legal update, ECJ judgment on third party access regime of electricity liberalisation directive.The Government wants all new homes in England to be zero carbon by 2016. To reach this target, developers will need to provide a significant amount of on-site or near-site renewable energy. This in turn means developers will need to enter into contracts with energy service companies (ESCOs) to provide this energy. However, these companies are unlikely to find the proposals financially viable unless they are granted exclusive energy supply contracts for the development in question.The Department for Business, Enterprise and Regulatory Reform has indicated that it is considering the implications of the ECJ ruling.For further information on:The 2016 zero carbon homes target, see Practice note, Zero carbon buildings.Microgeneration a

A group of objectors, Better Accessible and Responsible Development (BARD), have said they are planning to judicially review the way in which the Government has shortlisted 15 sites for new eco-towns (see Eco-town programme heads for the courts, Planning Portal, 29 May 2008 and Campaigners prepare first legal challenge to ecotown plans, Guardian, 22 May 2008). BARD has instructed the law firm SJ Berwin LLP to challenge the Government's decision to shortlist the Middle Quinton scheme (an ex-MOD site surrounded by private land near Stratford-upon-Avon) on the basis of insufficient and inadequate consultation. For details of the legal challenge, see SJ Berwin press release. According to press reports, Leicestershire County Council has also indicated it may judicially review the decision to shortlist a 15,000 housing scheme in Pennbury. The Government launched the consultation on its eco-town proposals on the same day it announced the list of 15 potential locations (see Legal update, 15 eco-town locations shortlisted). For further information on the Government's proposals for eco-towns, see Practice note, Zero carbon buildings: Eco-towns.

The following two Private Members' Bills, currently being debated in Parliament, are likely to be of interest to the property, construction, renewable energy and public sectors: Planning and Energy Bill. Public Sector Buildings (Energy Performance) Bill. The Planning and Energy Bill would give local planning authorities greater powers to require on-site renewable energy in new developments. The Bill has passed all the various stages of the House of Commons and is scheduled to receive its second reading in the House of Lords on 13 June 2008. The Public Sector Buildings (Energy Performance) Bill would require central government departments and their agencies to procure only buildings which have an energy performance rating of A or B. The Bill was introduced on 5 December 2007 in the House of Commons and is scheduled to receive its second reading on 6 June 2008.

On 9 May 2008, the UK Green Building Council published an important report on the definition of zero carbon buildings.Its recommendations include the following:Near-site, as well as on-site, renewable energy can be used to achieve zero carbon buildings.Where on-site or near-site solutions are not feasible, the developer should be able to achieve a zero carbon rating either by using off-site renewables or paying a levy into a new Community Energy Fund, which will be used to ensure greater or equal net carbon savings elsewhere.The report will feed into the Government's consultation on the definition of zero carbon buildings due later in 2008.NOTE ADDED 10/6/09: England's first large-scale zero carbon housing development, received planning permission in June 2009. The 195 homes are to be built as part of the Hanham Hall eco-village in South Gloucestershire. The eco-village is part of the Carbon Challenge programme run by the Homes and Communities Agency, and will be built to Level 6 of the Code for Sustainable Homes.

The European Commission is conducting an on-line consultation on changes to the Energy Performance of Buildings Directive (2002/91/EC). The Commission has published a Background Information Paper alongside the consultation. The consultation closes on 20 June 2008. The Background Information Paper is surprisingly uninformative considering how important energy efficiency in buildings is to meeting the EU's targets on reducing greenhouse gas emissions. However, it does suggest changes to the Directive could include: Clarifying the definition of public buildings and when energy performance certificates should be made available. Lowering the 1,000 square metre threshold for when existing buildings need to meet minimum energy performance requirements. Providing an EU-wide benchmarking system to allow minimum energy performance requirements to be more easily compared across different member states. This will be particularly important for investors with property portfolios across the EU. For further information on the Directive and energy efficiency in buildings, see: Practice note, Energy Performance of Buildings Directive. Practice note, Zero carbon buildings. Practice note, Energy efficiency in buildings: overview.

From 1 October 2008, occupiers of large public buildings will be required to show a display energy certificate (DEC). Each DEC will contain an indication of the annual carbon dioxide emissions from the building. The aim of DECs is to enable the public to compare the energy performance of public buildings and to promote improved energy use. The Practice note, Energy performance certificates has been updated to reflect new guidance published by the Department for Communities and Local Government: Improving the energy efficiency of our buildings: A guide to display energy certificates and advisory reports for public buildings (DEC Guidance). The DEC Guidance aims to help managers, owners and occupiers of large public buildings to understand how the regulations on DECs will work in practice, what their responsibilities are and when a DEC is required. For more information, see Practice note, Energy performance certificates: Display energy certificates.

We have updated and restructured the practice note on the Energy Performance of Buildings Directive and zero carbon homes into two new separate practice notes, see: Energy Performance of Buildings Directive. Zero carbon buildings. We have also updated the following practice notes to reflect recent developments, in particular new legislation on the Code for Sustainable Homes and targets for zero carbon non-domestic buildings: Energy efficiency in buildings: overview. Energy efficiency: summary.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 have come into force and introduce transitional arrangements for energy performance certificates in respect of commercial properties.

On 2 April 2008, the House of Commons Communities and Local Government Committee published its report, Existing Housing and Climate Change (the Report).As the Government has taken steps to combat emissions from new homes, it is clear that it must also tackle those from existing housing, to meet its commitment to reduce carbon dioxide emissions by 60% by 2050. The Report sets out important recommendations for Government action on existing housing, including:Giving stamp duty incentives for energy efficient homes, similar to those already given for zero-carbon new homes.Speeding up the use and adoption of energy performance certificates by requiring them in all house advertisements and when applying for planning permission.Investigating feed-in tariff incentives for home microgeneration.Introducing a new Code for Existing Homes, similar to the Code for Sustainable Homes.If adopted, the measures could lead to a sharp increase in microgeneration and retrofitting services. The proposals will be relevant to all homeowners, including landlords in the privately rented sector.

The Code for Sustainable Homes was launched on 13 December 2006 and is intended to provide a comprehensive and national measure of the sustainability of new homes, to drive improvements in home building practice.The Code became operational in England in April 2007. As from 1 May 2008, it will be mandatory to have a Code rating for new build homes where a local authority has received a building notice, initial notice or full plans application after 1 May 2008. For more details, see Legal update, Sustainable development ratings for new homes will be mandatory from May 2008 and Legal update, New HIPs requirements for house builders. The details of the Code are set out in technical guidance, which is updated from time to time. The guidance was updated on 17 April 2008 to reflect the changes coming into effect on 1 May 2008. The new guidance can be viewed on the website for the Department for Communities and Local Government: Code for Sustainable Homes: technical guidance.Source:Code for Sustainable Homes: Technical guide - April 2008.

The Housing Act (Commencement No. 11) (England and Wales) Order 2008 (No. 11 Order) has been published. The No. 11 Order brings Part 5 of the Housing Act 2004, which deals with Home Information Packs (HIPs), fully into force on 6 April 2008.Prior to the No. 11 Order coming into force, residential properties that were built to the energy efficient standards set out in the Building and Approved Inspectors (Amendment) Regulations 2006 fell outside the HIPs regime. The effect of the No.11 Order is to end that exemption. From 6 April 2008, the HIPs regime will apply to all dwellings in England and Wales, subject to certain exceptions in the Housing Act 2004 and Part 6 of the Home Information Pack (No.2) Regulations 2007.While the No. 11 Order was made on 13 March 2008, it has only recently been published by the Office of Public Sector Information.

The steering group responsible for the Code for Leasing Business Premises in England and Wales 2007 has published briefing notes on the issues that apply to landlords and tenants of commercial premises as a result of:The requirement to provide an energy performance certificate to prospective buyers and tenants of non-dwellings that is being introduced in phases, starting from 6 April 2008.Changes to empty property rates relief that apply with effect from 1 April 2008.The briefing notes explain some of the concerns that landlords and tenants may have in relation to these legislative changes. They also contain suggestions as to how the parties could approach these issues. The notes will therefore be of interest to anyone involved in lease negotiations.

As from 6 April 2008, the Town and Country Planning (General Permitted Development) Order 1995 (GPDO 1995) will be amended to extend permitted development rights for the installation of microgeneration equipment to residential houses and flats. There are criteria that must be met, which are intended to protect listed properties and the visual amenity of residential areas. This means that anyone wanting to install microgeneration equipment at the house or flat or in the curtilage of their property, will be able to do so, subject to meeting the criteria, without making a formal planning application. This right may be limited by the local authorities exercising their powers under articles 4 or 7 of the GPDO 1995. If the criteria cannot be met, a formal planning application will be required in the normal way.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008, which come into force on 6 April 2008, introduce transitional arrangements for EPCs in respect of commercial properties. Where a property is on the market before 6 April 2008 (for properties over 10,000 square metres) or 1 July 2008 (for properties over 2,500 square metres), and remains on the market after that date, the obligation to provide an EPC before the sale will not apply. Note added 25/09/08: From 1 October 2008, the transitional measures in the above regulations are amended by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008. See Practice note, Energy performance certificates: Timetable for commencement.

According to the Government's Home Information Pack website, the Housing Act 2004 (Commencement No.11) (England and Wales) Order 2008 (the Order) was made on 13 March and will come into force on 6 April 2008.Currently, homes built to the energy efficient standards contained in regulation 17C of the Building Regulations are excluded from the requirement to have a home information pack (HIP). However, the Order means that these properties will be required to have a HIP from 6 April 2008, the date on which Energy Performance Certificates will be required on construction for all dwellings. For further background, see Practice notes:Home Information Packs: duties of sellers and estate agents.Energy Performance Certificates.PLC Property will prepare a more detailed update on the provisions of the Order once it has been published on the Office of Public Sector Information website.Source: Home Information Pack Update: Issue 32 (DCLG).

The Home Information Pack (Amendment) Regulations 2008 come into force on 31 March 2008. They amend the Home Information Pack (No. 2) Regulations 2007 to achieve two primary objectives: To require that, in England, where a "new" home is to be marketed, the Home Information Pack (HIP) must include a sustainability certificate, which is a certified assessment of the home against the standards in the Code for Sustainable Homes. This new requirement will only apply to new homes being designed or constructed, or that have been constructed but never occupied, and not to existing properties that are being converted. Transitional measures mean that the new rules will only apply to those homes that are at the beginning of the construction process rather than to homes that are already in the process of being built.To extend, until 1 January 2009, the current arrangements in England and Wales under which personal search companies may use insurance to back up their searches where they are unable to access data in local authority records.Lawyers acting for house developers need to advise their clients of the need to include the new certificates in the HIPs and to which properties this requirement will apply.

The Department for Communities and Local Government (DCLG) has announced that new homes will be rated against standards contained in the Code for Sustainable Homes (the Code) from 1 May 2008. In July 2007, the DCLG consulted on the future of the Code, including whether it should become mandatory for all new homes to be rated against the standards contained in the Code. The responses to the consultation showed extensive support for a mandatory rating system. For more information, see Legal update, Responses to consultation on mandatory sustainable development rating published. For private sector homes, meeting the standards in the Code remains voluntary. However, the Government will make regulations that mean, from May 2008, those selling new homes must provide information to any prospective purchaser on the sustainability of the home. Where a home has been designed and built in accordance with the Code and assessed against it, a Code certificate will be provided. The Code certificate will show the home's rating on a scale of 1 to 6 stars, based upon its performance against nine sustainability criteria. Otherwise, a statement of non assessment (a nil-rated certificate) will be provided. The DCLG has also issued up-to-date guidance on the assessment process and the performance standards required under the Code: Code for Sustainable Homes: Setting the standard in sustainability for new homes. The DCLG guidance also explains which elements of the Code are mandatory.

The Practice note, Energy performance certificates has been updated to reflect new guidance published by the Department for Communities and Local Government: Improving the energy efficiency of our buildings: A guide to energy performance certificates for the construction, sale and let of non-dwellings (Guidance). The Guidance confirms, amongst other things, that: The assignment of a lease will place the assignor under an obligation to provide an EPC. An EPC is not required when a lease is renewed or extended. Where contracts for the sale or rent of a property were exchanged before 6 April 2008, the duty to provide an EPC will not apply.

The Department for Communities and Local Government (DCLG) has published its Sustainable Development Action Plan 2007 to 2008 (2007 Action Plan). In view of its late publication, many of the actions contained in the 2007 Action Plan have already been implemented. This update summarises the remaining actions.

On 17 December 2007, the Department for Communities and Local Government published a Planning Policy Statement (PPS) on Planning and Climate Change, as a supplement to PPS 1 on Sustainable Development. The new PPS sets out ways in which the planning regime can contribute to reducing carbon dioxide emissions and combating climate change. It includes an important requirement (known as the "Merton-plus" rule) that new developments include a significant amount of on-site or near-site renewable or low-carbon energy generation. The new PPS marks an important step in the Government's climate change strategy. It is essential reading for planners, developers, the construction industry and suppliers of renewable energy.

The UK Green Building Council (UK-GBC) has published its report on the opportunities for achieving zero carbon emissions from new non-domestic buildings. The report, which was commissioned by the Department for Communities and Local Government, identifies a number of obstacles to reducing emissions from these types of building. These include the lack of data about energy consumption, making it difficult to develop effective models and policies, and the lack of economic incentives to reduce emissions. However, the UK-GBC considers that it should be possible to achieve zero-carbon emissions from new non-domestic buildings by 2020 if a timeframe is agreed along the same lines as that set for new residential buildings. The report also draws attention to the fact that it does not address the issue of carbon emissions from existing non-domestic buildings, which are in many ways a more pressing issue, given that the existing building stock is much greater than new builds. The Government is expected to take the recommendations and findings from the report and develop policy and proposals to address carbon emissions and achieve the overall emission reduction targets set for the UK in the Climate Change Bill.

The Department for Communities and Local Government (DCLG) has published several documents of relevance to PLC Property subscribers:Consultation Paper on new Planning Policy Statement 4: Planning for Sustainable Economic Development: this sets out how planning bodies should in their plan policies and planning decisions, positively plan for sustainable economic growth and respond to the challenges of the global economy.See Legal update, Consultation on a new Planning Policy Statement 4: Planning for Sustainable Economic Development . Planning Policy Statement: Planning and Climate Change, which supplements PPS 1 and sets out ways in which the planning regime can contribute towards reducing emissions and combating climate change. A Legal update on this will follow shortly. Carbon reductions in New Non Domestic Buildings: this report was compiled by the DCLG and the UK Green Building Council and investigates the costs and benefits of raising the energy performance standards in new non-domestic buildings.See Legal update, Report on reducing carbon emissions from new non-domestic buildings. Modernising Empty Property relief: Summary of consultation replies and Government response: this follows the earlier consultation which invited views on detailed proposals for changes to the system of empty property rates for unoccupied non-domestic properties.See Legal update, DCLG publishes its response to empty property rates relief consultation.

The Department for Communities and Local Government has launched a consultation on the length of time for which Energy Performance Certificates should be valid for private marketed sales of dwellings.Responses are requested by 29 February 2008.

The Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007 have been made and came into force on 7 December 2007. The Regulations provide relief from stamp duty land tax on the first acquisition of a dwelling that is a zero-carbon home.The Regulations have retrospective effect and apply to acquisitions made on or after 1 October 2007.

The Housing Act (Commencement No. 10) (England and Wales) Order 2007 has been made, bringing Part 5 of the Housing Act 2004 into force on 14 December 2007 in relation to properties with fewer than three bedrooms.The Home Information Pack (Amendment) Regulations 2007 have also been made and come into force on 14 December 2007. The Regulations:Provide that, until 1 June 2008, documents required under the Home Information Pack (No 2) Regulations 2007 for leasehold properties (other than the lease itself) will be treated as authorised documents.Extend the period during which a property may be marketed without an energy performance certificate.

In October 2007, the Department for Communities and Local Government (DCLG) announced a revised timetable for the introduction of energy performance certificates (EPCs) and display energy certificates (DECs) (see Legal update, Timetable for EPCs changed?). The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2007, which give effect to the revised timetable, were made on 22 November 2007 and will come into force on 31 December 2007. For details of the revised timetable, see Practice note, Energy performance certificates: Timetable for commencement.

The Department for Communities and Local Government (DCLG) has announced that Home Information Packs (HIPs) will be required for all homes that are marketed for sale from 14 December 2007. The DCLG has also announced two other important changes to the HIPs legislation: The temporary "first day marketing" provisions will be extended from 1 January 2008 to 1 June 2008. These provisions are explained in Practice note, Home Information Packs: duties of sellers and estate agents. For leasehold properties, only the lease itself will be required in the HIP. The requirement to include other leasehold documents will be re-introduced later. For information on the other leasehold documents that are currently required in a HIP, see Practice note, Contents of Home Information Packs. NOTE ADDED: Secondary legislation has been made to bring these changes into effect (see Legal update, Secondary legislation made to implement HIPs changes). Source: News release: Green ratings to benefit all home buyers (DCLG).

New regulations (the Regulations) have been published which apply to expenditure by residential landlords on "green" energy-saving measures that will qualify for tax relief. The relief was extended by section 18(3) of the Finance Act 2007 to expenditure incurred up until 2015. The Regulations extend the class of qualifying expenditure to include floor insulation. They also contain further restrictions on deductions and apportionment of the relief. We are in the process of updating the Practice note, Tax savings for energy-saving measures in homes. The Regulations come into force on 6 December 2007 but they apply to expenditure incurred from 6 April 2007.Source: The Energy-Saving Items (Income Tax) Regulations 2007 and Explanatory Memorandum to The Energy-Saving Items (Income Tax) Regulations 2007.

The Code for Sustainable Homes (the Code) was introduced in April 2007 as a voluntary standard in England. The Code awards new homes a 1 to 6 star rating based upon their performance against nine sustainability criteria (including energy efficiency) and gives an indication of the impact of the new home on the environment. When the Code was launched, the Department for Communities and Local Government (DCLG) proposed that, from April 2008 onwards, all new homes should be required to have a Code rating.The DCLG received a favourable response to that proposal and issued a consultation on the details of how to implement a mandatory rating system: The Future of the Code for Sustainable Homes - Making a Rating Mandatory. For information on the consultation, see Legal update, Consultation on a mandatory sustainable development rating for new homes. On 16 November, the DCLG published a summary of the responses to the consultation: The Future of the Code for Sustainable Homes - Making a Rating Mandatory: Summary of Responses (DCLG). The responses showed extensive support for a mandatory rating system. The Government therefore proposes to introduce mandatory ratings, possibly from April 2008, but the timing of this will be announced shortly. The majority of the responses to the consultation were in favour of mandatory ratings being included in home information packs.

In October 2007, BERR and the Renewables Energy Board published an Onshore Wind Energy Planning Conditions Guidance Note which they hope will provide support to those involved in the planning process by providing a generic set of specimen planning conditions.

The Queen's Speech was delivered on 6 November 2007 and announced a number of Bills, which are of particular interest to the property industry: Climate Change Bill.Crossrail Bill.Energy Bill. Housing and Regeneration Bill.Planning Bill. The following Bills will be of more general interest to the property industry: Channel Tunnel Rail Link (Supplementary Provisions) Bill. Local Transport Bill. Regulatory Enforcement and Sanctions Bill. Drafts of the following Bills are expected to be published in 2008 for pre-legislative consultation: Cultural Property (Armed Conflict) Bill. Marine Bill.PLC Property will report on these Bills and will record their progress through the PLC Property Legislation Tracker.

Energy performance certificates (EPCs) are being introduced in phases for different types of properties. The timetable for their introduction is set out in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(as amended) (see Practice note, Energy performance certificates: Timetable for commencement). A revised timetable has been published on the DCLG website: When the measures are being introduced. The main changes are: From 6 April 2008, EPCs will be required for the construction, sale or rent of commercial properties over 10,000 square metres, not 500 square metres.From 1 July 2008, EPCs will be required for the construction, sale or rent of commercial properties over 2,500 square metres. More information on this will follow shortly.

The Department for Communities and Local Government (DCLG) has announced that it is setting up further accreditation schemes for energy assessors, in accordance with the European Performance of Buildings Directive (EPBD).The DCLG is inviting applications from bodies interested in becoming accreditation schemes for the remaining categories of energy assessor (air conditioning systems, new dwellings, non-dwellings and public buildings), in accordance with the EPBD programme.For more information on the EPBD and energy assessors, see Practice note, Energy performance certificates: The Energy Performance of Buildings Directive.

The Greater London Authority Act 2007 (GLAA 2007) received Royal Assent on 23 October 2007. The GLAA 2007 contains a number of provisions, which cover a wide range of issues relating to Greater London, including housing, planning, transport and the environment.The GLAA 2007 comes into effect piecemeal, with most of its provisions to come into force on days to be appointed by the Secretary of State.

The Sustainable Communities Act 2007 (the Act) came into force on 23 October 2007.The Act aims to promote the sustainability of local communities through a number of means, including preserving or reviving local economic activity and protecting the local environment.The Act imposes upon the Secretary of State a duty to assist local authorities in promoting the sustainability of local communities. The Secretary of State is required to invite, and select for implementation, proposals by local authorities for the implementation of measures designed to promote sustainable communities. The Secretary of State must then make regulations and produce an action plan on the implementation of the proposals by the local authorities.

The Environment Agency (EA) has developed a "carbon footprint calculator" which allows it to measure the amount of carbon dioxide generated by its construction projects. From November 2007, the EA will require its contractors to use the tool to reduce the carbon footprint of all its major construction projects. The EA spends around £200 million a year on construction projects (mainly flood defences), which accounts for 3% of the civil engineering sector. The EA has now made its carbon footprint calculator available to other construction companies, consultants and Government bodies (see EA press release). The calculator enables carbon dioxide reductions to be built in at the planning and design stages of a construction project. It can also be used for auditing finished projects. For example, it can be used to estimate the amount of carbon dioxide emitted by: The raw materials used. The transportation of raw materials and employee travel. Site activities, such as earthworks and excavation. The tool allows comparison of waste management options and savings to be made. This will be particularly useful for larger construction projects which will be required to prepare Site Waste Management Plans from 2008 (see Legal update, Compulsory Site Waste Management Plans: next steps). The Carbon Trust recently launched a carbon footprint calculator for all business sectors (see Legal update, Guide on how to calculate your carbon footprint).

HM Revenue and Customs (HMRC) has confirmed that The Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007 (Regulations) have been laid before Parliament. There is, at present, no date for when the Regulations will be made and no copy has been made available of the final form of the Regulations that have been laid.The Regulations will set out the tests that will have to be satisfied before a dwelling can qualify as a "zero-carbon home" (ZCH) and how the relief from stamp duty land tax will operate.The relief was introduced by the Finance Act 2007, which made provision for the Treasury to make regulations introducing a relief on the "first acquisition" of a new ZCH and gave authority for the Regulations to have retrospective effect. Once the Regulations have been made, they will apply to acquisitions that took place on or after 1 October 2007. For details, see Legal update, Finance Act 2007: implications for property: SDLT: Relief for new zero carbon homes.On 14 June 2007, the Treasury issued an informal consultation on the draft regulations. The consultation closed on 31 July 2007 but as a result of the consultation, changes were made to the draft regulations. The housing and construction industries are concerned that the definition of ZCH in the Government's Code for Sustainable Homes will not match the definition in HMRC's Regulations (see Legal update, Row over definition of zero carbon homes).

The Department for Communities and Local Government has published revised technical guidance to the Code for Sustainable Homes, which indicated that when deciding whether a home is "zero carbon" you can only take account of renewable energy produced on-site (see DCLG press release).The move has angered the housing and construction industries which have been working on the assumption that zero carbon homes could be powered using on-site or off-site renewable energy, such as large offshore and remote onshore wind farms (see Zero-carbon homes shock as national grid energy barred, Building.co.uk, 5 October 2007). They have argued that, if the energy is produced using renewables, it is irrelevant where it is produced.The housing and construction industries are also concerned that the definition of a zero carbon home in the Code for Sustainable Homes will be different from that contained in the forthcoming regulations on stamp duty tax (SDLT) relief for zero carbon homes.HM Revenue & Customs has confirmed to PLC Environment that it intends to lay the regulations in Parliament later this week. The regulations were expected to have been laid by now with the new SDLT relief applying to sales of zero carbon homes from 1 October 2007, but the draft regulations have had to be revised in response to recent feedback. HMRC has indicated that the revised regulations will still apply to sales from 1 October 2007. PLC will alert subscribers once the final regulations become availabl

The Carbon Trust has published a guide for businesses and other organisations which explains what a "carbon footprint" is and how to calculate this. The Carbon Trust is a private company which was set up by the Government to advise businesses, public authorities and other organisations on how to reduce their carbon dioxide emissions. A "carbon footprint" is the amount of carbon dioxide a business or organisation generates. Carbon dioxide emissions are usually associated with power plants and industrial activities but all businesses and other organisations (such as offices, retailers, banks, insurers, hospitals, schools and local authorities) emit carbon dioxide, whether directly or indirectly. For example, offices need electricity for lighting and to power computers and other equipment. So the more electricity they consume, the more electricity needs to be generated to meet that demand. And since most power plants use coal or gas, they are a significant source of carbon dioxide emissions, which in turn is the main culprit in climate change. A large number of businesses and organisations (including law firms) have announced that they are planning to reduce their carbon footprint and in some cases become "carbon neutral". It is therefore important that businesses and organisations use similar methodologies when calculating their carbon footprints so as to make it easier to compare them. For further information on carbon neutrality, footprints and offsets, see Prac

There has been considerable press coverage recently on what manufacturers and retailers are doing to reduce the "carbon footprint" of their products. This update gives some examples of similar initiatives in the commercial and residential property sector.

On 17 August 2007, the Government announced that the requirement to produce Home Information Packs (HIPs) was to be extended to three bedroom properties on 10 September 2007. The Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 has been made, to give effect to the expansion of the HIPs scheme.

The Commons Registration (General) (Amendment) (England) (No.2) Regulations 2007 have been made. They provide that Form CR21 will no longer be used for carrying out a search of the commons registers, with effect from 1 October 2007. From that date, the commons registers may be searched by using the new Form CON 29O Optional Enquiries of Local Authority.

The Welsh Assembly Government has launched a consultation on proposals to reform certain aspects of the planning system in Wales. The aim is to make it easier for householders to install energy-generating equipment, by removing the need to obtain planning permission for certain types of works.The consultation deals with Wales only; a separate consultation was carried out for England earlier in the year (see Legal update, Consultation on permitted development rights for microgeneration equipment).The consultation period expires on 14 November 2007.

The Department for Communities and Local Government (DCLG) has announced that it has asked Entec, an environmental and planning consultancy, to draft new planning rules to make it easier for businesses to install microgeneration technologies on their premises.The DCLG has also asked the UK Green Building Council to devise plans for improving the overall energy efficiency of non-residential buildings.White Young Green Planning, a planning consultancy, is to investigate planning reforms that would make it easier for businesses to build extensions or make improvements to their premises.

The Department for Communities and Local Government (DCLG) has announced that Home Information Packs (HIPs) will be required for three bedroom properties from 10 September 2007. The introduction of HIPs is being phased in to allow time for sufficient energy assessors to qualify. The first phase began on 1 August 2007 in respect of residential properties with four or more bedrooms. The DCLG has now confirmed that there will be enough energy assessors to roll out HIPs to three bedroom properties. For further information on HIPs, see Practice note, Home Information Packs: duties of sellers and estate agents. Source: DCLG press release: Next stage for Home Information Packs and Energy Performance Certificates announced.

On 23 July 2007, the Department for Communities and Local Government and the Department for Environment, Food and Rural Affairs published a joint policy statement outlining how they propose to set minimum standards for water efficiency in new buildings (including homes and the workplace).

On 23 July 2007, the Department for Communities and Local Government (DCLG) published, alongside the Housing Green Paper, the following documents: A Policy Statement confirming the Government's intention that all new homes should be zero carbon homes by 2016. A document outlining the changes that are likely to be made to the Building Regulations to ensure that all new homes are zero carbon by 2016. The DCLG has confirmed that the targets for reducing carbon dioxide emissions from new homes (by reference to current levels) are as follows: From 2010, all new homes to emit 25% less carbon dioxide. From 2013, all new homes to emit 44% less carbon dioxide. From 2016, all new homes to emit zero carbon dioxide.

In April 2007, the Code for Sustainable Homes (the Code) was introduced as a voluntary standard in England. It works by awarding new homes a 1 to 6 star rating based upon their performance against nine sustainability criteria (including energy efficiency) and gives an indication of the impact of the new home on the environment. At the time the Code was introduced, the Department for Communities and Local Government (DCLG) also consulted on the principle of making the Code mandatory. This proposal was favourably received and the DCLG has issued a further consultation looking at how a mandatory rating system might work. The consultation period ends on 23 October 2007.

In March 2006, the Government published a report, ODPM's Sustainable Development Action Plan, which set out the action it proposed to take during the following year regarding sustainable development. The Department of Communities and Local Government (DCLG) has now published a progress report, Progress Report on 2006/07 Sustainable Development Action Plan which sets out what has been achieved so far in respect of the aims in the earlier report.

The Home Information Pack (Redress Scheme) (No. 2) Order 2007 has been made and comes into force on 1 August 2007. It coincides with the introduction of Home Information Packs (HIPs) for homes with four or more bedrooms, and means that any estate agent in England or Wales who wishes to market a home for which a HIP is required, must be a member of an approved redress scheme. Currently, the only redress scheme that has been approved is that offered by the Ombudsman for Estate Agents. Other schemes are under consideration.

On 12 July, revised procedural guidance was published for the Home Information Pack Regulations (No. 2) 2007: Revised Procedural Guidance for the Home Information Pack Regulations (No.2) 2007. This guidance is intended to help with interpreting the regulations. The Practice note, Home Information Packs: duties of sellers and estate agents will be reviewed shortly in the light of this revised guidance.

Traditionally, the Government's intentions for a year's legislation were announced in the Queen's Speech at the State Opening of Parliament. However, in the interests of open government and public debate, the Prime Minister made a speech on 11 July 2007, in which he outlined a number of proposals for legislation, some of will be of interest to those involved in property.The proposals include a number of bills dealing with housing, planning, transport and energy.

The Law Society has published a letter from Ed Balls MP, which clarifies that the preparation of a Home Information Pack (HIP) will not be subject to the draft Money Laundering Regulations 2007. This is because a HIP constitutes a preparatory stage in the marketing of a property and not assistance in the planning of a property transaction.

One way in which the EU and the government propose to tackle climate change and reduce emissions is through greater energy efficiency. The Energy Performance Directive requires information about the energy efficiency of buildings to be provided when they are sold, rented out or constructed. This requirement has been implemented in England and Wales by the Energy Performance of Buildings (Certificates and Inspectors) (England and Wales) Regulations 2007.

PLC Property has published a new Practice note: Energy performance certificates.This Practice note explains the new regime of energy performance certificates (EPCs), display energy certificates (DECs) and compulsory air-conditioning inspections introduced by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (EPB Regulations 2007).The obligations in the EPB Regulations 2007 come into force in stages and affect both residential and commercial properties: From 1 June 2007, EPCs must be included in home information packs for residential properties. From 1 October 2007, EPCs are required when new residential properties are built. From 6 April 2008, EPCs are required when larger commercial properties are sold or rented out. From 1 October 2008, EPCs are required when all residential or commercial properties are sold or rented out.

The Royal Institution of Chartered Surveyors has published a report Transforming Existing Buildings: The Green Challenge, which considers various options for making existing commercial buildings more energy efficient.

The Department for Communities and Local Government has launched a consultation on the Government's proposals for reforming certain aspects of the planning system. The Government's aim is to make it easier for householders to install energy-generating equipment, by removing the need to obtain planning permission for certain types of works.This consultation deals with England only; a separate consultation exercise will be carried out in Wales.The consultation period expires on 27 June 2007.

This update has been amended to make it clear that an energy performance certificate (EPC) will only be required as from 1 June 2007 in relation to residential property where a home information pack (HIP) is required.The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 were laid before Parliament on 29 March 2007. They come into force in stages, on various dates between 19 April 2007 and 1 October 2008.Sellers and prospective landlords will be required, under regulation 5, to make an EPC available to prospective buyers and tenants. These will have to be provided at the earliest opportunity, and in any event before a contract is entered into to sell or rent out the building. This will apply to all buildings, with certain exceptions relating to places of worship, temporary buildings, very small stand-alone buildings that are not dwellings and buildings that are to be demolished. This requirement comes into force on 1 June 2007 in relation to properties for which a HIP is required. This means that as from 1 June 2007, an EPC will be required where a residential property (freehold or leasehold) is marketed for sale. Landlords in the private rented sector will be required to provide an EPC to residential tenants from 1 October 2008.Regulation 6 deals with the requirements to provide energy information with particulars of a building in connection with a HIP. This regulation also comes into force on 1 June 2007, when the

The Home Information Pack Regulations 2007 were laid before Parliament on 29 March 2007. They come into force on 1 June 2007 and replace the Home Information Pack Regulations 2006. For details, see Home Information Pack Regulations 2007. For background information to Home Information Packs, see PLC Property Trends and development tracker. PLC Property is preparing a Practice note on the new regulations which will be published shortly.

The Department for Communities and Local Government has consulted on proposals to facilitate the introduction of home information packs, and to promote the role of the energy performance certificate, which is a mandatory component of them.

The Local Planning Authorities (Energy and Energy Efficiency) Bill gives local planning authorities the power to set requirements in local plans and planning applications for:The generation of energy from renewable sources.The use of local decentralised energy supply systems.Energy efficiency standards that are more stringent than those required under the Building Regulations.The Bill, which is a Private Members' Bill, received its first reading in the House of Commons on 13 December 2006 and is scheduled to receive its second reading on 19 January 2007.

The government is consulting on a package of measures aimed at ensuring that, by 2016, all new homes are zero carbon homes. The package of measures includes a: Draft Code for Sustainable Homes. Timetable for changes to the Building Regulations. Draft Planning Policy Statement on Climate Change. The deadline for responses is 8 March 2007.

The 2006 Pre-Budget Report was delivered by the Chancellor on 6 December 2006. This Legal update examines those implications that will be of particular interest to property lawyers. For information on all aspects of the 2006 Pre-Budget Report, see Practice note, Pre-Budget Report 2006.

New Practice notes on energy efficiency in buildings have been added to PLC Property. The Practice notes look at EU and UK measures aimed at encouraging increased energy efficiency in buildings.PLC Property welcomes comments and suggestions on the new Practice notes. Please send to: propertyfeedback@practicallaw.com.To view a list of all new content added to PLC Property over the last 12 months, see PLC Property: New content.The new Practice notes are:Energy efficiency in buildings: overview.EU Energy Efficiency Action Plan.Energy Performance in Buildings Directive and energy performance certificates.Energy Efficiency Commitment.Energy End-Use Efficiency and Energy Services Directive.Tax savings for energy-saving measures in homes.

The Environment Agency has published a report on how the first 100 FTSE All-Share companies to have submitted annual reports and accounts for the financial year ending 31 March 2006 have reported on environmental matters.The report indicates that, although there has been an increase in the number of companies reporting on environmental matters, the quality and usefulness of the information provided is of low quality and of little use to investors.

The government has announced that, from June 2007, energy ratings will have to be produced for every home bought and sold in England and Wales. The new Energy Performance Certificate (EPC), which is to be a part of the Home Information Pack, will give each home a rating reflecting its energy efficiency and level of carbon emissions. It will also feature a calculation of average costs for heating, hot water and lighting and provide advice on how to cut these costs through energy efficiency measures.PLC Property will publish further information about EPCs as and when it becomes available. For more information on Home Information Packs, see Trends and developments tracker: Home Information Packs.

Cookie Policy

We use cookies to give you the best experience on our website. By continuing to browse the site, you are agreeing to our use of cookies. You can change your cookie settings at any time but if you do, you may lose some functionality on our website. More information can be found in our Privacy Policy and Cookies.